Salary Misclassification

Salary Misclassification

Not all employees earn overtime for working more than eight hours in a day or 40 hours in a week. Typically, exempt employees are paid a salary rather than an hourly rate, and employers are not required to pay them overtime.

At David Yeremian & Associates, Inc., a Glendale, California, employment law firm focusing on wage and hour issues, we are committed to protecting the rights of clients who have been misclassified as exempt. These workers can end up working significantly more hours than their job requires without being fairly compensated at the overtime rate they deserve.

EXEMPT VS. NONEXEMPT WORKERS

Often, employers attempt to classify workers in a way that allows them to save money. In order to make employees appear to be exempt from overtime payment, employers may give them titles that imply they have exempt status when their job descriptions do not fit that title.

In order to qualify as an exempt worker under California law, an employee must be in an administrative, executive or professional role. In most cases, these classifications require that an employee must:

Supervise other employees

Exercise discretion and independent judgment in performing duties

Perform at least 50 percent managerial duties

At David Yeremian & Associates, Inc., we are diligent and thorough, crafting strong cases that protect our clients’ rights. Our lawyers are skilled negotiators and litigators who level the playing field and give clients the support they need to stand up to their employers and demand just compensation.